The United States immigration system can seem complex enough, but sometimes it adds additional complications by changing the ways that certain things need to be done. Usually, there is a good reason for a change, like making it easier to process applications, but such adjustments can still throw you a curveball when you are trying to change your immigration status. One recent change that we want potential clients to be aware of is how the PERM application process is evolving. You may want to consult an employment visa attorney in New York City if you or a loved one plan to apply.
What is the PERM Application?
A PERM application allows an employer to hire a foreign worker for a permanent job position in the United States. Many work visa programs require you to have luck in a lottery. On top of that, they are temporary. Getting the chance to file a PERM application can be a big deal for anyone who wants to move to the United States.
What Exactly is Changing with the PERM Application Process?
Most of the important things about the PERM application process are not changing. An employer still has to make a case that there are not a sufficient number of American applicants available and that they need a foreign worker to fill an important role. Then they must file an application through the Department of Labor. The two things that are changing are:
- Which system is used
- What information an employer needs to list
The first is the system used. The Department of Labor’s PERM portal was retired as of June 1. Any future applications must go through the FLAG, or Foreign Labor Application Gateway, system. This new system also comes with a revised application that will require an employer to list some new information about the job, including:
- Any telecommuting requirements;
- Information about additional worksites an employee might need to use
- How many people the company already employs in the area of intended employment
- More details about the sponsored worker’s qualifications
Will This Affect How Long My Application Takes?
It might. If your application has already been processed through the legacy PERM system, you should know that the Department of Labor plans to get through those first. If you are planning to apply through the new FLAG system, then you might experience a delay as all applications in the PERM system are fully processed.
The new forms also ask for more information, and that could increase the amount of time it takes to process applications.
Contact an Experienced Immigration Lawyer
If you have any questions about the PERM application process or any other immigration queries, contact the Law Office of Cheryl R. David. Our law firm can set up a consultation where we can tell you more about how our knowledgeable attorneys can assist you and your loved ones.